Canadian Solar, Inc. v. Maxeon Solar Pte. Ltd.

Case: 26-1525 Document: 13 Page: 1 Filed: 08/12/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ CANADIAN SOLAR, INC., Appellant v. MAXEON SOLAR PTE. LTD., Appellee ______________________ 2026-1525 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2024- 01039. ______________________ ON MOTION ______________________ Before LOURIE, PROST, and REYNA, Circuit Judges.

PER CURIAM.

ORDER In response to a patent infringement suit brought by Maxeon Solar PTE. Ltd., Canadian Solar, Inc. (“CSI”) com- menced the underlying inter partes review (“IPR”) proceed- ing. CSI appeals from the Patent Trial and Appeal Board’s decision that claim 12 of U.S. Patent No. 8,222,516 was not Case: 26-1525 Document: 13 Page: 2 Filed: 08/12/2026

2 CANADIAN SOLAR, INC. v. MAXEON SOLAR PTE. LTD. shown to be unpatentable. Maxeon now moves to dismiss the appeal as moot in view of its “unilateral covenant not to sue” CSI for infringement. ECF No. 6 at 21. CSI does not oppose dismissal but requests vacatur, which Maxeon opposes.

“Vacatur is in order when mootness occurs through . . . the unilateral action of the party who pre- vailed” before the originating tribunal. Arizonans for Off.

Eng. v. Arizona, 520 U.S. 43, 71–72 (1997) (cleaned up).

Here, CSI’s appeal became moot based on Maxeon’s unilat- eral actions. We therefore dismiss the appeal as moot and vacate the relevant portion of the Board’s decision. We see no need to go further and order the Board to dismiss the petition insofar as it challenged claim 12. See MemoryWeb, LLC v. Samsung Elecs. Co., No. 2024-1315, 2025 WL 3494918, at *2 (Fed. Cir. Dec. 5, 2025).

Accordingly, IT IS ORDERED THAT: (1) The motions are granted to the extent the appeal is dismissed as moot and the final written decision is vacated as to claim 12 of the ’516 patent. (2) Each party shall bear its own costs.

FOR THE COURT

August 12, 2026 Date